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(영문) 인천지방법원 부천지원 2017.09.01 2017고단1297
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as the “Aggravated Punishment, etc.”) and the Road Traffic Act (hereinafter referred to as the “Aggravated Punishment, etc.”) is a person engaged in driving a rocketing car.

On March 5, 2017, the Defendant proceeded along the front path of the upper high school located in 46 as the Han-si, Seocheon-gu, Seocheon-gu, Seocheon-si, Seoul, according to one-lane in the direction of Incheon.

In this case, there was a duty of care to ensure that a person engaged in driving of a motor vehicle has a duty of care to live well and safely.

Nevertheless, the Defendant neglected to stop on the front side of the same line as that of the Defendant, and went away without taking measures necessary for dealing with traffic accidents, such as providing aid to the victim by immediately stopping the vehicle and providing aid to the victim, while the victim D (W, 42 years old) who was parked in the signal atmosphere at the front side of the same line as that of the Defendant, the lower part of the EK5 vehicle owned by the Defendant, as part of the front part of the Defendant’s vehicle in front of the Defendant’s vehicle for about two weeks, causing injury to the victim, such as light flusium, which requires treatment for about two weeks, and at the same time, 2,450,787 won, such as exchanging the back flus.

2. On March 5, 2017, the Defendant violated the Road Traffic Act (non-licenseless Driving) driving at around 20:10 on the following day: (a) from the front day of the Sincheon-si Sincheon-si, Gyeonggi-si, to the front day of 40 km-ro 25, as in the Incheon Bupyeong-si’s Rotel as in the direction of the Dontel, the Defendant driven a Crocketing-a-car without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D or F;

1. A traffic accident report;

1. The driver's license ledger;

1. Application of the Acts and subordinate statutes to medical certificates, estimates, and photographs of damaged vehicles;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after occupational injury) and Articles 148 and 54(1) of the Road Traffic Act (the point of absence of accident) concerning the crime.

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